[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Rules and Regulations]
[Pages 45270-45273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18665]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100217095-2258-06]
RIN 0648-AY56


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Amendment 32 Supplement

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this supplement to the regulations that 
implemented management measures described in Amendment 32 to the 
Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf 
of Mexico (Amendment 32) prepared by the Gulf of Mexico Fishery 
Management Council (Council). After the February 10, 2012, publication 
of the final rule for Amendment 32, NMFS identified inconsistencies in 
the regulatory text regarding the quotas and annual catch limits (ACLs) 
for ``other shallow-water grouper'' (Other SWG) that needed correction. 
This final rule revises the regulatory text regarding the quotas and 
ACLs for Other SWG. In addition, this final rule implements some minor 
revisions to the regulatory text to improve the clarity of the 
regulations.

DATES: This rule is effective August 30, 2012.

ADDRESSES: Electronic copies of Amendment 32, which includes a final 
environmental impact statement, a regulatory flexibility analysis, and 
a regulatory impact review, may be obtained from the Southeast Regional 
Office Web Site at http://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.

FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office, 
NMFS, telephone 727-824-5305; email: [email protected].

[[Page 45271]]


SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
(Gulf) is managed under the FMP. The FMP was prepared by the Council 
and is implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).

Background

    On, April 6, 2012, NMFS published a proposed rule (77 FR 20775) to 
supplement the regulations that implemented management measures 
described in Amendment 32 (77 FR 6988, February 10, 2012). That 
proposed rule outlined the rationale for the actions contained in this 
final rule and is not repeated here.
    Management measures implemented through this final rule reinstate 
the commercial Other SWG quotas and the stock complex commercial ACLs 
for Other SWG, as established in the final rule which implemented the 
ACLs and Accountability Measures Amendment for Reef Fish, Red Drum, 
Shrimp, and Coral Fisheries of the Gulf of Mexico (Generic ACL 
Amendment) (76 FR 82044, December 29, 2011), as well as remove the 
commercial shallow-water grouper (SWG) quotas and commercial SWG ACL 
erroneously included in the rule implementing Amendment 32. 
Specifically, this final rule implements the commercial quotas 
(commercial ACLs), in gutted weight, for Other SWG combined: for 
fishing year 2012--509,000 lb (230,879 kg), for fishing year 2013--
518,000 lb (234,961 kg), for fishing year 2014--523,000 lb (237,229 
kg), and finally, for fishing year 2015 and subsequent fishing years--
525,000 lb (238,136 kg) as well as the stock complex ACLs for Other 
SWG, in gutted weight: 688,000 lb (312,072 kg) for 2012, 700,000 lb 
(317,515 kg) for 2013, 707,000 lb (320,690 kg) for 2014, and 710,000 lb 
(322,051 kg) for 2015 and subsequent years.
    In addition, this final rule implements some minor non-substantive 
revisions to improve the clarity of the regulations. First, NMFS 
revises the term ``other SWG'' to read ``Other SWG'' throughout the 50 
CFR part 622 regulations to improve the clarity of the regulations as 
they apply in the Gulf. This rule also amends the definition of SWG to 
include the definition for Other SWG. In the Gulf, Other SWG still 
includes black grouper, scamp, yellowfin grouper, and yellowmouth 
grouper. Second, in two instances in the regulations, sentences within 
a paragraph are reordered to improve clarity. Third, a sentence is 
deleted in the regulations because it is already stated in the 
preceding paragraph and is therefore redundant.
    Discussion of the management measures contained in Amendment 32 is 
provided in the previous proposed and final rules (see 76 FR 67656, 77 
FR 6988, 77 FR 20775) as well as in Amendment 32, and is not repeated 
here.

Comments and Reponses

    No comments were received in relation to the proposed rule 
published on April 6, 2012 (77 FR 20775).

Changes From the Proposed Rule

    NMFS has made minor, non-substantive revisions to the regulatory 
text contained in the proposed rule. In Sec.  622.20, paragraphs (a)(6) 
and (a)(7), the term ``once'' is revised to read ``after'' to improve 
the clarity of the regulations. In Sec.  622.49, paragraph 
(a)(4)(ii)(B), NMFS amended the term ``target catch (ACT)'' to read 
``ACT'' to be consistent with the language used within Amendment 32. 
This clarification of the regulatory text is not substantive and will 
alleviate confusion for Gulf reef fish fishermen regarding the 
regulations.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
that the actions contained in this final rule are necessary for the 
conservation and management of the reef fish fishery in the Gulf and 
that they are consistent with Amendment 32, the Magnuson-Stevens Act, 
and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. No comments were received 
regarding the certification provided in the proposed rule (77 FR 20775, 
April 6, 2012). No changes to the final rule were made in response to 
public comments. As a result, a final regulatory flexibility analysis 
was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: July 26, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622, is 
amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.



0
2. In Sec.  622.2, the definition for ``Shallow-water grouper (SWG)'' 
is revised to read as follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Shallow-water grouper (SWG) means, in the Gulf, gag, red grouper, 
black grouper, scamp, yellowfin grouper, and yellowmouth grouper. Other 
shallow-water grouper (Other SWG) means, in the Gulf, SWG excluding gag 
and red grouper (i.e., black grouper, scamp, yellowfin grouper, and 
yellowmouth grouper). In addition, for the purposes of the IFQ program 
for Gulf groupers and tilefishes in Sec.  622.20, speckled hind and 
warsaw grouper are also included as Other SWG as specified in Sec.  
622.20(a)(6).
* * * * *

0
3. In Sec.  622.20, paragraph (a) introductory text, the second 
sentence of paragraph (a)(4), paragraphs (a)(5)(i) and (a)(5)(ii), the 
second sentence of paragraphs (a)(6), (a)(7), (b)(3)(i), and the first 
sentence of paragraph (b)(6)(i) are revised to read as follows:


Sec.  622.20  Individual fishing quota (IFQ) program for Gulf groupers 
and tilefishes.

    (a) General. This section establishes an IFQ program for the 
commercial sectors of the Gulf reef fish fishery for groupers 
(including DWG, red grouper, gag, and Other SWG) and tilefishes 
(including goldface tilefish, blueline tilefish, and tilefish). For the 
purposes of this IFQ program, DWG includes yellowedge grouper, warsaw 
grouper, snowy grouper, speckled hind, and scamp, but only as specified 
in paragraph (a)(7) of this section. For the purposes of this IFQ 
program, Other SWG includes black grouper, scamp, yellowfin grouper, 
yellowmouth grouper, warsaw grouper, and speckled hind, but only as 
specified in paragraph (a)(6) of this section. Under the IFQ program, 
the RA initially will assign

[[Page 45272]]

eligible participants IFQ shares, in five share categories. These IFQ 
shares are equivalent to a percentage of the annual commercial quotas 
for DWG, red grouper, gag, Other SWG, and tilefishes, based on their 
applicable historical landings. Shares determine the amount of IFQ 
allocation for Gulf groupers and tilefishes, in pounds gutted weight, a 
shareholder is initially authorized to possess, land, or sell in a 
given calendar year. Shares and annual IFQ allocation are transferable. 
See Sec.  622.4(a)(2)(ix) regarding a requirement for a vessel landing 
groupers or tilefishes subject to this IFQ program to have an IFQ 
vessel account for Gulf groupers and tilefishes. See Sec.  
622.4(a)(4)(ii) regarding a requirement for a Gulf IFQ dealer 
endorsement. Details regarding eligibility, applicable landings 
history, account setup and transaction requirements, constraints on 
transferability, and other provisions of this IFQ system are provided 
in the following paragraphs of this section.
* * * * *
    (4) * * * IFQ allocation for the five respective share categories 
is derived at the beginning of each year by multiplying a shareholder's 
IFQ share times the annual commercial quota for gag, red grouper, DWG, 
Other SWG and tilefishes. * * *
    (5) * * *
    (i) Red grouper multi-use allocation. (A) At the time the 
commercial quota for red grouper is distributed to IFQ shareholders, a 
percentage of each shareholder's initial red grouper allocation will be 
converted to red grouper multi-use allocation. Red grouper multi-use 
allocation, determined annually, will be based on the following 
formula:

    Red Grouper multi-use allocation (in percent) = 100 * [Gag ACL--
Gag commercial quota]/Red grouper commercial quota

    (B) Red grouper multi-use allocation may be used to possess, land, 
or sell either red grouper or gag under certain conditions. Red grouper 
multi-use allocation may be used to possess, land, or sell red grouper 
only after an IFQ account holder's (shareholder or allocation holder's) 
red grouper allocation has been landed and sold, or transferred; and to 
possess, land, or sell gag, only after both gag and gag multi-use 
allocation have been landed and sold, or transferred. However, if gag 
is under a rebuilding plan, the percentage of red grouper multi-use 
allocation is equal to zero.
    (ii) Gag multi-use allocation. (A) At the time the commercial quota 
for gag is distributed to IFQ shareholders, a percentage of each 
shareholder's initial gag allocation will be converted to gag multi-use 
allocation. Gag multi-use allocation, determined annually, will be 
based on the following formula:

    Gag multi-use allocation (in percent) = 100 * [Red grouper ACL--
Red grouper commercial quota]/Gag commercial quota

    (B) Gag multi-use allocation may be used to possess, land, or sell 
either gag or red grouper under certain conditions. Gag multi-use 
allocation may be used to possess, land, or sell gag only after an IFQ 
account holder's (shareholder or allocation holder's) gag allocation 
has been landed and sold, or transferred; and to possess, land, or sell 
red grouper, only after both red grouper and red grouper multi-use 
allocation have been landed and sold, or transferred. Multi-use 
allocation transfer procedures and restrictions are specified in 
paragraph (b)(4)(iv) of this section. However, if red grouper is under 
a rebuilding plan, the percentage of red grouper multi-use allocation 
is equal to zero.
    (6) * * * For the purposes of the IFQ program for Gulf groupers and 
tilefishes, after all of an IFQ account holder's DWG allocation has 
been landed and sold, or transferred, or if an IFQ account holder has 
no DWG allocation, then Other SWG allocation may be used to land and 
sell warsaw grouper and speckled hind.
    (7) * * * For the purposes of the IFQ program for Gulf groupers and 
tilefishes, after all of an IFQ account holder's Other SWG allocation 
has been landed and sold, or transferred, or if an IFQ account holder 
has no SWG allocation, then DWG allocation may be used to land and sell 
scamp.
* * * * *
    (b) * * *
    (3) * * *
    (i) * * * The owner or operator of a vessel landing IFQ groupers or 
tilefishes is responsible for ensuring that NMFS is contacted at least 
3 hours, but no more than 12 hours, in advance of landing to report the 
time and location of landing, estimated grouper and tilefish landings 
in pounds gutted weight for each share category (gag, red grouper, DWG, 
Other SWG, tilefishes), vessel identification number (Coast Guard 
registration number or state registration number), and the name and 
address of the IFQ dealer where the groupers or tilefishes are to be 
received. * * *
* * * * *
    (6) * * *
    (i) IFQ share cap for each share category. No person, including a 
corporation or other entity, may individually or collectively hold IFQ 
shares in any share category (gag, red grouper, DWG, Other SWG, or 
tilefishes) in excess of the maximum share initially issued for the 
applicable share category to any person at the beginning of the IFQ 
program, as of the date appeals are resolved and shares are adjusted 
accordingly. * * *
* * * * *

0
4. In Sec.  622.42, paragraph (a)(1)(iii) introductory text and 
paragraph (a)(1)(iii)(A) are revised to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (iii) Shallow-water groupers (SWG) have separate quotas for gag and 
red grouper and a combined quota for other shallow-water grouper (Other 
SWG) species (including black grouper, scamp, yellowfin grouper, and 
yellowmouth grouper), as specified in paragraphs (a)(1)(iii)(A) through 
(C) of this section. These quotas are specified in gutted weight, that 
is, eviscerated but otherwise whole.
    (A) Other SWG combined. (1) For fishing year 2012--509,000 lb 
(230,879 kg).
    (2) For fishing year 2013--518,000 lb (234,961 kg).
    (3) For fishing year 2014--523,000 lb (237,229 kg).
    (4) For fishing year 2015 and subsequent fishing years--525,000 lb 
(238,136 kg).
* * * * *

0
5. In Sec.  622.49, paragraphs (a)(3) and (a)(4)(ii)(B) are revised to 
read as follows:


Sec.  622.49  Annual catch limits (ACLs) and accountability measures 
(AMs).

    (a) * * *
    (3) Other shallow-water grouper (Other SWG) combined (including 
black grouper, scamp, yellowfin grouper, and yellowmouth grouper)--(i) 
Commercial sector. The IFQ program for groupers and tilefishes in the 
Gulf of Mexico serves as the accountability measure for commercial 
Other SWG. The commercial ACL for Other SWG is equal to the applicable 
quota specified in Sec.  622.42(a)(1)(iii)(A).
    (ii) Recreational sector. If the sum of the commercial and 
recreational landings, as estimated by the SRD, exceeds the stock 
complex ACL specified in paragraph (a)(3)(iii) of this section, then 
during the following fishing year, if the sum of the commercial and 
recreational landings reaches or is projected to reach the applicable 
ACL specified in paragraph (a)(3)(iii) of this section, the AA will 
file a notification with the Office of the Federal Register to close 
the recreational

[[Page 45273]]

sector for the remainder of that fishing year.
    (iii) The stock complex ACLs for Other SWG, in gutted weight, are 
688,000 lb (312,072 kg) for 2012, 700,000 lb (317,515 kg) for 2013, 
707,000 lb (320,690 kg) for 2014, and 710,000 lb (322,051 kg) for 2015 
and subsequent years.
    (4) * * *
    (ii) * * *
    (B) If gag are not overfished, and in addition to the measures 
specified in paragraph (a)(4)(ii)(A) of this section, if gag 
recreational landings, as estimated by the SRD, exceed the applicable 
ACLs specified in paragraph (a)(4)(ii)(D) of this section, the AA will 
file a notification with the Office of the Federal Register to maintain 
the gag ACT, specified in paragraph (a)(4)(ii)(D) of this section, for 
that following fishing year at the level of the prior year's ACT, 
unless the best scientific information available determines that 
maintaining the prior year's ACT is unnecessary.
* * * * *
[FR Doc. 2012-18665 Filed 7-30-12; 8:45 am]
BILLING CODE 3510-22-P